Estate Planning for Benton County, Arkansas Property Owners
For most Benton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Benton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court - Probate Division. The two tools that keep a Benton County home out of probate are a transfer-on-death deed recorded with the Circuit Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Benton County property passes through the Circuit Court - Probate Division — even simple Arkansas probates run 6+ months and start with $165 in filing fees. Arkansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
Record a Transfer-on-Death Deed in Benton County
A beneficiary deed names a beneficiary who receives Benton County property automatically at the owner's death, without probate. It is recorded with the Circuit Clerk during the owner's lifetime and can be revoked at any time.
Before recording, an Arkansas beneficiary deed is signed with notary acknowledgmentArk. Code Ann. 18-12-608Verified Oct 18, 2026. The deed takes effect only if it is recorded before the owner's deathArk. Code Ann. 18-12-608Verified Oct 18, 2026.
Deeds and other real property documents for Benton County are recorded with the Circuit Clerk at 215 East Central Avenue, Bentonville, AR 72712. Phone: 1-479-271-1017. Hours: Monday-Friday 8:00 AM-4:30 PM (open through lunch).
The Circuit Clerk charges $15 for the first page plus $5 for each additional page. Recording a 2-page beneficiary deed in Benton County comes to $20. A beneficiary deed is exempt from transfer tax.
Benton County accepts electronic recording through CSC, ePN and Simplifile.
Siloam Springs firm serving Benton County families in northwest Arkansas. Attorney David A. Bailey, admitted in Arkansas in 1996, handles wills, trusts, estate planning, and probate alongside a general practice. The firm's website is no longer live; its license record is with the Arkansas Judiciary.
PracticesEstate PlanningTrust AdministrationProbateCriminal Defenseand 2 more
Springdale's oldest firm (1947), serving Washington and Benton County families through the probate process. Guides relatives through estate administration and handles wills and trusts, with partners Matthew Fryar, Laura Ferner and Steven Zega carrying decades of Northwest Arkansas court experience. Bilingual appointments available.
Fayetteville Square firm serving Washington, Benton, Carroll and Madison County families. Handles estate and probate administration plus estate and trust litigation, including contested matters, alongside its tax and real estate work. Every partner is AV-Preeminent rated by Martindale-Hubbell.
Lowell firm serving Benton and Washington counties across Northwest Arkansas, with probate filed in the local circuit courts. For families settling an estate, the firm handles probate and estate administration, letters testamentary, small-estate affidavits, and will- and trust-based plans. Offers a free, no-obligation consultation.
Bentonville estate planning and elder law practice led by Todd Whatley, CELA, serving Northwest Arkansas families (Benton, Washington, Carroll, Madison). Focuses on estate plans built to avoid probate, long-term-care and Medicaid/VA benefits planning, and asset protection. Rebranded from Whatley's elder-law practice in 2024; he is a past president of the National Elder Law Foundation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Bentonville firm serving Benton and Washington counties in northwest Arkansas, focused on estate planning, probate, and trust administration. Darrell Gibby drafts wills and trusts and guides families through probate and trust settlement, and has concentrated his practice on estate work since 2007. Also handles business formation and real estate.
PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Law
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Arkansas statutes and official state code. How we research.
Forms for Planning Your Estate in Arkansas
Free forms for planning your estate in Arkansas: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Arkansas.
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Last Will and Testament
In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
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Codicil to a Will
In Arkansas, a codicil is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, like a will.
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Healthcare Power of Attorney
Arkansas allows a choice for a healthcare power of attorney: 2Act 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Oct 15, 2026View source witnesses or a notary.
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HIPAA Release
In Arkansas, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
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Financial Power of Attorney
Arkansas treats a power of attorney as durable by defaultArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source.
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Transfer on Death Deed
In Arkansas, a beneficiary deed is signed before a notaryArk. Code Ann. 18-12-608Verified Oct 18, 2026, then recorded with the county before the owner's deathArk. Code Ann. 18-12-608Verified Oct 18, 2026. Arkansas does not recognize a Lady Bird deed.
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Vehicle Transfer on Death
Arkansas allows a transfer-on-death beneficiary designation on a vehicle titleArk. Code Ann. 27-14-727Verified Oct 21, 2026View source, filed through the Arkansas Department of Finance and Administration, Office of Motor Vehicle using Form 108.
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Living Will
In Arkansas, the living will is the DeclarationArk. Code Ann. §§ 20-17-201 to 20-17-218 (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Free tools for planning your estate in Arkansas: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Arkansas and read its answer.
How Do I Sign Estate Documents?
In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
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Will My Estate Documents Transfer?
Arkansas recognizes a will signed under the law of the place where it was signedArk. Code Ann. §§ 28-25-105, 28-40-120Verified Oct 18, 2026View source; a will signed in Arkansas itself needs 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
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Trust or Will: Which Costs Less?
In Arkansas, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateArk. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Arkansas runs $2,890Estimate: 10 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,335Estimate: 15 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in Arkansas runs $942Estimate: 3 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,915Ark. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In Arkansas, a parent names a guardian for a minor child in a will or a separate signed writingArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Ark. Code § 9-25-101Verified Sep 15, 2026View source.
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Do I Need a Revocable Trust?
Probate in Arkansas takes 6 months to 9 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateArk. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
